When couples with children divorce, the custody orders negotiated between spouses and their divorce lawyers and then approved by the court include domicile restrictions limiting where the child must live.
The purpose of these restrictions is to ensure that custodial parents keep the child accessible to the non-custodial parent, usually within the county where the divorce and custody hearing take place, and definitely within the state.
Non-Custodial Parent Living in State
Typically, divorce attorneys for the non-custodial parent negotiate to ensure the child remains within the domicile restriction and that non-custodial parents get their recommended share of visitation time with their child.
Custodial parents may not move the child away from the non-custodial parent, so the closer the domicile restriction is to where both parents live, the easier it is for everyone.
Custodial parents wishing or needing to move must refer to their divorce lawyers so that a petition to the court and any necessary negotiations with the non-custodial spouse can be undertaken.
What If the Non-Custodial Parent Moves Out of State?
Yet when the opposite happens and a non-custodial parent moves out of state, no such permission is required.
Technically, non-custodial parents can move wherever they want or need to and are not restricted by the custody order.
Divorce attorneys do warn that it is usually in the best interest of the non-custodial parent to also stay within the domicile restriction, as their moving out of state could enable the custodial parent to move not just out of the domicile restriction but anywhere they wish to.
What Changes Take Place When Non-Custodial Parent Moves Out of State?
When custody orders are written by divorce lawyers, they include one of two directives pertaining to the domicile restriction and what happens if the non-custodial parents moves.
One option states that the custodial parent has the right to move anywhere, including out of state, if the non-custodial parent moves out of state first.
The other option states that the current domicile order must remain in place regardless, even if the non-custodial parent leaves the state.
Unless the latter choice is specifically negotiated in the custody order, the former will apply.
Work With an Experienced Divorce Attorney
The point of this piece is to express to any non-custodial parents out there that domicile restrictions are important and so is working with a divorce attorney who can properly represent their best interests.
With the right advice and a full understanding of how these important clauses in the custody order can impact them, non-custodial parents can make better parenting decisions, even after divorce.
Contact an experienced custody and divorce lawyer to discuss these questions if a need to move out of state becomes a concern.